Background

1. This is an application for permission to appeal against a judgment given by Gray J on 11 April 2000 whereby he dismissed a claim by Mr David Irving ("the applicant") that he had been libelled in a book entitled "Denying the Holocaust -- The Growing Assault on Truth and Memory" written by Professor Deborah Lipstadt and published in the United Kingdom by Penguin Books Ltd in 1994. The applicant is the author of over 30 books and has specialised in the history of the Third Reich. Amongst his titles are The Destruction of Dresden (1963), Hitler's War (1977 and 1991 Editions) and Goebbels -- Mastermind of the Third Reich (1996).

2. Because there is no significant dispute as to their effect, it is not necessary to set out extensively the passages from Denying the Holocaust of which the applicant complains. They include, at p 161, the statement that "scholars have described Irving as a "Hitler partisan wearing blinkers" and have accused him of "distorting evidence and manipulating documents to serve his own purpose". On the same page, it is stated that "he has been accused of skewing documents and misrepresenting data in order to reach historically untenable conclusions, particularly those that exonerate Hitler". At p 181 it is stated that "Irving is one of the most dangerous spokespersons for holocaust denial. Familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda".

3. The trial lasted from 11 January to 15 March 2000 and judgment was given on 11 April 2000. The applicant appeared in person. He has been represented at the hearing of the present application by Mr Adrian Davies of Counsel. Mr Davies addressed the Court for 3 days and the hearing lasted for a total of 31/2 days. Both at the trial and before this Court the respondents have been represented by Mr Richard Rampton QC.